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tv   [untitled]    October 30, 2014 7:00pm-7:31pm PDT

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running for office or running campaigns who may be fairly naive or new to the process. and i don't know if that is a question for you, or for you, mr. st. croix. >> there is often, an understandable feeling on behalf of candidates, that run and are not elected that they go through all of the rig ors of the candidate and all of the difficulties of understanding the myriad of laws and, we finally frequently just don't want it deal with that process, any more. they would like to just sort of shut it down and walk away from it and unfortunately, they can't do that, there is obligations that they encure to themself and there is a certain frustration level because people don't really how complicated it can be to run for office when they initiate
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these effort and so unfortunately, you know, in situations like these, really, are too bad, because if we could have worked with this person, and maybe, there would be one count here in stead of six and possibly none, if they had paid off their debt and cleared out their bank, before that first filing deadline that they missed, you know, we take it retroactively terminate and that would have been the end of it but those obligations do exist and we are pretty clear in the training that the election day is not the end of the campaign. and for example, the public finance, candidates they have even more obligations and so we have to be sure that these folks know what they are, and but it is that syndrome that i just described that contributes a lot to this. >> understandable. >> and the other thing that i would say and what is the number, and it is 9,000 that
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the staff is recommended and the 9,000 penalty, is that right. >> yes. and if you will allow me to try to add a rationale to a number. and in our last ruling there was 10,000 and we got to 2,000 and we somehow talked ourselves through that that we got there. and we have 9,000 here and i am thinking someone who did not follow a regulations, and in the fliers that you put out, if you are asking about harm, how many people were harmed, meaning that they could not read that form that they otherwise, could be able to read and be more informed, and from that harm, we made this determination? and for this particular one, there were 6 counts, and i
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understand, but then i think about how many people were harmed along the way and who is to define harm and how far-reaching that goes, but this is this one individual's failure to file, over and over and over again. and, to in the absence of any other rationale, that we could apply to a fee, at least i see that there was a balance of $2300, at that time. in which case, i am not sure how we came to 1500 dollars per and maybe you want to say a word about that. >> so i looked at past settlements again where the people cooperated with us on these kinds of violation and it was in that $500 range and because of the effort of going through and going through the process, we thought that three times that was appropriate. and however, i said at the beginning for you to consider that in the majority, and the vast majority of the cases like this, when someone is cooperating with us, they could
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have terminated at the first filing that they didn't file. the issue of we don't know how she resolved this debt and we don't know if she raised more money from people to do it, we don't know if she took on loans to do it, it is unclear, i agree that the public harm is probably very minimal. and this respondent and her campaign and she was unsuccessful and did not run again. you know, there is a fine structure in place for these, however, you cannot assess the fine until the filings is filed, and so there is a cap, but the limit would be the amount of activity on the late filing, so let's say that it was a year late, right? and she raised $6,000 but she needed to pass that debt, you could do $6,000. and if there is no activity, there is a different cap, it is much lower. and so you could look at it that way, but because these are never filed, we don't know, that answer. but, that is where i came up with that number and just
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looking at the effort that was put into this, opposed to people who are cooperative, and because this happens. and the people, and generally the people who once we contact them will work with us to resolve it. >> i guess from all of that, then, i was just thinking, about that, and these counts, these six counts, at $500 is close to what your ending balance was in 2011. >> although, i am not sure that the ending balance necessarily has a correlation. >> it has no correlation, and i said in the absence of any other rationale and there is rationale and it is consistent on what has, and it was asked in the amount of cooperation, and other mitigating factors that were there and aggravating issues as well and i understand that you have applied that to
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it. >> is there a motion to accept the staff's recommendation to find a violation in the amount of 1500 per count? >> i move it. >> second. >> all in favor. >> public comment? >> we did public comment, but... >> you are right, i am sorry. >> we did have a lot of discussion after the first public comment, is there anybody that wants to give public comment on this item? >> all in favor? >> aye. >> opposed? >> no. >> that passes 4-1. >> the next item on the agenda... >> we don't need the stenographer any more. >> thank you. >> the next item on the agenda is possible discussion and action relating to a complaint
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received or initiated by the ethics commission. is there a vote, is there a motion to go into closed session to discuss possible litigation as plaintiff. >> so moved. >> second. >> public comment? >> hearing none, all in favor? >> aye. >> opposed? >> hearing none, that motion passes we will go into closed session. [closed session] >>
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>> motion to keep confidential. >> motion >> second. >> public comment. >> you are going to entertain a motion keep your deliberations confidential? >> yes. >> all in favor? >> aye. >> opposed? >> hearing none, the motion to keep the deliberations relating litigation of the plaintiff, confidential, passes, 5-0. >> the next item on the agenda, is evaluations of the executive
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director. >> if there is a motion to go into closed session? >> is there a motion to go into closed session, to discuss the performance evaluation of the director st. croix, it is a personnel matter? >> okay, public comment? >> wait, i think that we need to, hear if there is a motion. >> i will so move. >> okay >> public comment? >> you need a second? >> did i not, is there a second to that motion? >> i will second it. >> okay. >> assuming that you are having a closed session, i just want to say that the executive director continuing to do a
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good job, under difficult circumstances, the fact that you don't have enough resources to do the things that you want to do, that need to be done, i don't think is directly the result of the executive director. i think that it is fine to set performance goals, and to check in with the director on achieving those goals, but, the question of resources to accomplish your tasks is really a budgetary matter. and i just wanted to make that clear. thank you. >> all in favor of going into closed session to discuss the personnel matter of the department head's performance? aye. >> aye. >> opposed? >> i think hearing none, that motion passes. 5-0. we are in closed session.
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>> that motion passes 5-0. >> the next item on the agenda is the possible action on the minutes. >> any, just a procedural. >> yes. >> can you still vote? >> you have to. >> i move that we adopt the
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minutes as written. >> public comment in >> all in favor. >> aye. >> opposed. >> hearing none, that motion passes. executive director's report. >> i will make this quick. you have an attachment that shows the tech community comments on our new ballot measure dash boards, i want to add that we sent them to the other california commissions in san diego immediately set out to copy in and think that it is fantastic, and we are also sending them to jurisdictions outside of the state and seattle has moved a copy of it as well, and so i tried to help them out and so there is a lot of buzz in the tech community. >> and the only other thing is that i wanted to say, is, we are moving right along in implementing the new lobbyist rules and that is coming along
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on schedule. >> great. thank you. >> public comment on the executive director's report? >> the next item on the agenda is items for future meetings? >> at a recent meeting, commissioner hayon asked for an update on the (inaudible) requests and so i went back a year. and put these out, just so you guys have a history of what has been out there. and it is not really a discussion item, it is just that you wanted to know. >> yes, that is very helpful. >> i will give you one. >> thank you. >> sorry. >> oh, one other thing, the sunshine memo that he mentioned earlier, jessy going to give you a copy, this is on next month's agenda, and it is kind of irony that he said that we should not have given it to sunshine without considering it first. if we considered it first without giving a chance to
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comment, they would have been upset. so, we gave it to them earlier, and i think last week, and we were going to have this on the october agenda and they asked us, until they have a chance to look at it and so, it will be on the november agenda. and we did extend the consideration a month, and we don't intend to extend it beyond that. >> and you will include it in the november packet as well. >> yeah that is a draft of what we have so far, and as mr. st. croix said, we provided it to the sunshine ordinance task force for their review and i went to that meeting and i went to a subsequent committee meeting and so they are talking about it and give me some feedback and then they are going to provide feedback at the meeting in november and then we also did distributing it to the department heads. and so, the ideas is to get this out to everybody, and get everybody's feedback, and as you will see in the memo, it is
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just a general, memo about primarily, procedural issues and referral issues that we have been kind of wrestling with at least since i have been here in the hopes that we can take a look and come to some, con census as to how we are going to treat these issues going forward so that in the future we are get to the meat of the issues without dealing with a lot of procedural stuff. >> is the idea that the memo could change, based on feedback, or are we going to be discussing it as currently drafted? >> yeah, i mean that i would think that it is probably going to be mostly what it is right now, but, based on any if there is any feedback, why we might tweak it a little bit, obviously, and we have obviously extended the invitation for folks to send comments to us and the commission's consideration. >> other comments? >> david pilpal, speaking as an
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individual. the task force did have a brief presentation by jessy at the august, no at the october, the early october meeting and then, in part, at my suggestion, sent it to the committee where there was further discussion last week and i think that it is back at the full task force next week, and so the task force and the sunshine advocates will have an opportunity to review it and provide comments, prior to the commission hearing it. so i think that was the intent and that is under way, and i spent some time with jessy on it, beforehand and i think the input was helpful, so, i hope that we have a good discussion, next month. >> great, thank you. >> also, i should note, in terms of future actions, there is an interested persons meeting november 10th, and 13th,; is that correct?? >> yeah. that is true.
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>> on, well, proposed changes, thank you, david. >> proposed changes to (inaudible) we are looking for community and the public and etc., regarding third party reporting. and then also, disclaimers, and then a couple of the items that we talked about earlier this year, about amending the ordinance to take those out, and the unconstitutional provisions. >> so, between those two issues, i think, the commission staff is doing, at the out reach, work and so the people have a chance to review the things and discuss, before it gets to you, rather than just have to deal with things, so things are going well, thank you. >> is there a motion to adjourn the meeting? >> so moved. >> second. >> all in favor? >> aye. >> opposed? >> none. meeting is adjourned.
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>> ladies and gentlemen, the chair has called the meeting to order. please turn off any electronic devices, as they interfere with the signal and the equipment in the room. please rise for the pledge of allegiance. [pledge of allegiance] >> madam, president, may i call the roll? >> yes.
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>> president loftus. here. >> vice president turman? >> here. >> marshal, excused. >> mazzucco. excused. >> dejesus. >> present. >> wo ng. >> present. >> commissioner melara excused. >> you have a quorum, with us this evening is the chief of police gregory p. suhr. >> welcome to everyone, to the ingleside to the meeting and thank you all for taking the time to be here and in particular, i want to thank the folks of balboa high school and the is assistant principal and thank you so much for the school and the captain and everyone else and the community members and this is for the folks to know this is the road
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show that we go on once a month and we have two meetings at our city hall every month and one meeting. and it is an important time for us to get out here and what is happening in the neighborhood and what is working and what particular strategies and communities are employing, and the various on whether it is working or not and it is important and it helps us do our jobs. and to hear from you guys about what is happening. and to not make folks have to come to city hall, because that can be a haul for folks. so it is gaoed to be here and we also do a little bit of a different structure for this meeting and so my colleagues will actually introduce ourselves and what we do during the day and who we are in the world. and then, without further adieu, i will ask my colleagues to start. commissioner wong? >> thank you. >> thank you, for coming out and so we ran a little bit late this evening, my name is victor wong and i have worked in
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public service and civil rights as an attorney for 22 years and time as a public defender and as a kiefl consecutively rights attorney and as a da prosecuting sexual assault and hate crimes and i am the deputy director of api legal out reach which is the largest provider of immigration legal services in the city and we mainly focus on immigration and domestic violence and human trafficking and elder abuse and as a non-profit that i spend my day job at, thanks. >> so my name is dejesus, and i am an attorney during the day and i have been on the commission for a number of years and i grew up in san francisco and in the vernal heights area. and i do have to say, in 1972, i took driver's raining here at balboa it was interesting to come back here. and but it is always a treat to talk to community members and we go once a month and it is your opportunity to tell us all of your issues and concerns and we do listen and so we look forward to hear what you have
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to say, and i want to thank you for the world series game going on and you are here and so you are here and thank you very much. >> vice president turman? >> my name is turman and i am the vice president of the commission and i am the lawyer and where i have, and i have to labor in the employment to helping to draft the policies, and for the different employment laws. and i also serve on the police commission as the vice president of the non-profits here in san francisco and i am glad to be here tonight. and i am here with the opening, and please tell us your concerns, and we will do what we can. so thank you. >> thank you, vice president turman, and again, my name is susy loftus and i am a native san franciscan and i should tell you that when i was nine
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my connection was we lived here but i went to elementary in the richmond so i would take the 38 geary to bart at pal station and then we will go to 24th and mission and take another bus and walk up the hill and so i have very fond memories of this neighborhood and my husband and i are raising our three kids in the sunset and i was a prosecutor and now i work at the attorney general's office and i worked with an incredible organization called the center of youth wellness that is about addressing and healing kids exposed to trauma early on so we can get them on a path to be healthy and successful. >> thank you, for me, and i, and my mom will watch later and she will be so happy. and so, unfortunately, we have been talking a lot this month, about domestic violence that is domestic violence awareness month and i do have to say that i will ask my colleagues to adjourn this meeting tonight in the honor of we have this year,
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lost four victims to domestic violence, four homicide victims and we will talk about their names and we will ask to adjourn this meeting in their memory, the city had 44 months without having a domestic violence, and that ended in january. and so, i will ask my colleagues to do that, and remind all of us that today is the 14th anniversary of the tragic murder of claire joy timbango which was a catalyst for the city's response to domestic violence more appropriate and effective and, we keep her and her family in our thoughts and prayers and ask to adjourn in the honor of the victims that we lost to domestic violence. and so, inspector call the first line item. >> madam, president, i have an announcement. there will be no closed session this evening. it will be put over to the next meeting. thank you. >> line item 1, reports to the commission, discussion. one 1, chief's report.
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and review of recent activities. >> good evening, public and commissioners, and director hiks, and i will be brief tonight, because as always, we have a large crowd here. we want to allow enough time for the community. and it has been a crazy busy month, and a month of october for the city of san francisco. and obviously we have got through, fleet week and the play offs started and the giants are winning which is great. and the celebrations have been peaceful, which has been great, and we are gearing up now for all of our home games, when the giants come back home for friday saturday and sunday. and not to jinx anything but for what happens after that. more to home. we did have this week a visit from the secretary of education, duncan about a lot of the good things that we are doing in san francisco with
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children, and pushing our education programs forward that the obama administration and secretary duncan are looking to see if pilots can be initiated in the bay area regional collaborativive that could be pushed across the rest of the united states and we of course as a police department want to be a part of anything that involves young people. i too have a connection to the ingleside and i also grew up in san francisco and in my summer and after school jobs were working at the central drugstore in the rec pharmacy and so driving all over the place and driving drugs legally to people that were shut-ins and could not get their prescriptions so that is kind of my connection to the mission. so with that, i will defer the rest of my type to the captain, who is new to the district, but only new as a captain. he spent a lot time here as at

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